¶1*772The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Mastro, J.P, Skelos, Leventhal and Roman, JJ., concur.
82 A.D.3d 771
Madden v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-03-01
Decided 2011-03-01